From Luo v. Wang, decided last week by the Tenth Circuit, in an opinion by Judge Paul Kelly, joined by Judges Gregory Phillips and Carolyn McHugh:
Xingfei Luo brought this action against Paul Wang asserting various defamation-related claims. After a magistrate judge concluded Ms. Luo "unreasonably refused necessary efforts to conduct discovery and prepare [the] case for conclusion," and disobeyed the magistrate judge's order to answer questions at her deposition, the magistrate judge recommended dismissal of the action as a sanction…. [T]he district court agreed ….
Ms. Luo alleged that she and Mr. Wang began an intimate relationship during Mr. Wang's 2012 visit to China. Mr. Wang returned to the United States and the couple decided to continue their relationship. In July 2013, Ms. Luo moved to the United States to live with Mr. Wang in Colorado.
Ms. Luo alleged that in May 2013, while she was still in China, she was sexually assaulted by a man named Mr. Chen. She reported the assault to Chinese authorities and Mr. Chen was arrested and prosecuted. The rape charges were still pending when Ms. Luo traveled to the United States to live with Mr. Wang.
